At some point in all of our lives, we all had accidents. Maybe you tripped and fell over a kid’s toy in your own home, or knocked off your side-view mirror when backing out of your garage. Most of the time, accidents are just that – something unfortunate that happened. But if someone else caused an accident that led to you being injured, you may be able to file a personal injury lawsuit.
Under South Carolina law, injury victims can recover money for their physical and emotional injuries from the person who caused the accident. Damages in a personal injury lawsuit may cover losses such as medical bills, lost wages, future medical expenses, reduced earning capacity, and even pain and suffering.
When you are already dealing with the aftermath of an accident, the thought of filing a legal claim may be overwhelming. A seasoned personal injury lawyer in Laurens, SC can help, advocating for your right to compensation and standing by your side throughout the process.
Our Practice Areas
At Derrick Law Office, we are committed to helping people in Laurens and the surrounding areas who have been hurt in all types of accidents. Typically, these accidents involve some type of negligence or wrongful conduct on the part of the other person or entity. We represent people who have been hurt in all types of accidents, including:
- Car accidents
- Slip and fall (premises liability)
- Motorcycle accidents
- Dog bites
- Nursing home abuse
- Sexual abuse and assault
If a person suffers an injury at work or develops an occupational illness (like carpal tunnel syndrome), we can help them get the benefits that they are entitled to under South Carolina’s worker’s compensation laws. In most cases, if you are hurt in a workplace accident, then you are limited to workers’ comp benefits for your losses. However, in some situations, if your injury or illness was caused by a third party, you may be able to file a personal injury lawsuit against the responsible person.
Each of our cases starts with a free initial consultation, where we will listen to your story and advise you of your legal rights and options for pursuing a claim. If you decide to hire our law firm, you won’t pay any money upfront. Instead, we will handle your case on a contingency fee basis so that you will only pay us attorney’s fees if we recover money for you through a settlement or a verdict at trial.
Every accident case is different. That is why our law firm doesn’t take a cookie-cutter, one-size-fits-all approach to personal injury claims. Instead, we examine all of the evidence to put together the strongest possible case for our clients to get the compensation that they are entitled to under the law.
Filing a Personal Injury Lawsuit in South Carolina
Most personal injury cases are based on a theory of negligence, which is the failure to use the level of care that a reasonable person would in a similar situation. To win a negligence lawsuit, you must prove four elements:
- Duty: the other person (defendant) owed you a duty of care. For example, drivers in South Carolina have a duty to operate their motor vehicles safely and in accordance with the law.
- Breach: the defendant breached, or violated that duty in some way.
- Causation: that breach was the proximate, or but for, cause of the accident.
- Damages: you suffered losses as a result of the accident.
If you can demonstrate that the defendant was negligent in some way, then you may be able to recover financial compensation for your losses (damages). These may include economic damages for direct financial losses (like medical expenses) as well as non-economic damages for intangible losses (like emotional trauma). If the defendant acted in an intentional or reckless way (such as in drunk driving cases), you may be able to recover a special type of damages, known as punitive damages, which are meant to punish the wrongdoer and deter others from engaging in similar conduct.
While negligence is often clear-cut, there are cases where more than one person may be at fault for an accident. If you were partially to blame for an accident, you may still be able to recover money for your losses as long as you were 51% or less at fault. However, your recovery will be reduced by the percentage that you were at fault for the accident. This is known as comparative negligence.
In South Carolina, there is a 3-year statute of limitations for personal injury lawsuits. This means that, with some exceptions, you must file a lawsuit against a defendant in an accident case within 3 years – or you won’t be able to file a claim at all. For this reason, it is important to schedule a free consultation with a Laurens personal injury lawyer as soon as possible after an accident.
Help for Accident Victims in Laurens, SC
If you were injured in a car crash, a pedestrian accident, a slip, and fall, or another type of accident, you may have a legal right to compensation for any injuries you suffered. Going up against a big insurance company and its attorneys isn’t easy. A seasoned personal injury lawyer in Laurens can help level the playing field and get you the money you deserve.
At the Derrick Law Office, we have dedicated our practice to helping people who have been hurt in all types of accidents. In each case, we work hard to help our clients get justice – and the compensation that they need to move forward with their lives. To learn more or to schedule a free case evaluation with a Laurens personal injury lawyer, call us at 864-428-1923, or fill out our online contact form.